AMERICAN WESTERN HOME INSURANCE COMPANY v. DONNELLY DISTRIBUTION, INC.

Filing 13

ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS, OR IN THE ALTERNATIVE, SUMMARY JUDGMENT; DEFENDANT'S OPPOSITION THERETO; AND FOR THE REASONS STATED IN THE COURT'S MEMORANDUM DATED 8/2/2011; THE MOTION (DOC. NO. 9) IS DENIED. JUDGMENT IN ENTERED IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFF. THE CLERK OF THE COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE BERLE M. SCHILLER ON 8/2/2011. 8/3/2011 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AMERICAN WESTERN HOME
INSURANCE COMPANY,
Plaintiff,
v.
DONNELLY DISTRIBUTION, INC.,
Defendant.

:
:
:
:
:
:
:

CIVIL ACTION

No. 11-1415

ORDER
AND NOW, this 2nd day of August, 2011, upon consideration of Plaintiff’s Motion for
Judgment on the Pleadings, or in the Alternative, Summary Judgment; Defendant’s Opposition
thereto; and for the reasons stated in the Court’s Memorandum dated August 2, 2011, it is hereby
ORDERED that:
1.

The Motion (Document No. 9) is DENIED.

2.

Judgment is entered in favor of Defendant and against Plaintiff, as follows:
a.

American Western Home Insurance Company must defend and indemnify
Donnelly Distribution, Inc. in the matter of Swanlund v. Donnelly
Distribution, Inc., Philadelphia County Court of Common Pleas No.
071104135.

3.

The Clerk of the Court is directed to close this case.

BY THE COURT:

Berle M. Schiller, J.